Hooper v. Smith

Citations

• 88 Md. 577
• 41 A. 1095
• 1898 Md. LEXIS 233

Syllabus

<p>Construction of Will — Life Estate— Termination of Trust —Description of Legatee — Remainders.</p> <p>A testator bequeathed certain property in trust for the benefit “per capita for their natural lives only of all my granddaughters living at the time of my decease who shall reach the full age of twenty-one years, and the surviving issue, if such there be, absolutely of any one or more of my said granddaughters who shall die in my lifetime or subsequently but under said age of twenty-one years, such issue, however, to take the share or shares only to which their parent would have been entitled had she or they survived me and attained to said age. Upon the decease of such my respective granddaughters then in trust as to the share in said stocks of each so dying to the surviving child or children and surviving issue, if any, then deceased child or children of such my granddaughter so dying, absolutely per stirpes. And in default of any such surviving child or issue then upon trust to and for the surviving sister or sisters and the surviving issue of any deceased sister or sisters of such granddaughter so dying; absolutely per stirpes; and in default of any such surviving sister or issue of a deceased sister then upon trust for all my then surviving granddaughters and surviving issue of any of my then deceased granddaughters, absolutely;' such granddaughters taking equally per capita and such surviving issue of deceased ones representing their mothers and taking what would have fallen to them had they survived. And as to the income accruing upon such stocks on the contingent or presumptive share or shares of such of my respective granddaughters as shall be under the aforesaid age of twenty-one years, the whole or any part thereof may be appropriated by the trustees for her or their maintenance and education, and so much of said income as shall not be so applied shall be accumulated and added to the principal of the respective shares and disposed of ultimately in the